Chapter MH-2 — RULES AND REGULATIONS

Sections:

MH-4-1200 - SPECIFIC REGULATIONS.

The following rules and regulations apply to all public parks except as otherwise stated.

(a)

Harmful Objects. A person shall not throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may he injured or any structure or vehicle may be damaged thereby. Nor shall any person play or engage in model airplane flying, radio controlled or non-radio controlled model powerboat operation or the use of any other power driven or noise producing hobby or recreational device, driving of golf balls, archery, hardball or any similar games of a hazardous nature, except at such places and times as shall be specifically established by the General Manager.

(b)

Damages. No person shall cut, break, injure, deface, or disturb any plant, rock, building, monument, fence, bench, or other structure, apparatus, or property; or to pluck, pull up, cut, take or remove any wood, shrub, grass, plant or flower; or to mark or write upon any building, monument, fence, bench, or other structure; or to carry any flowers, shrubs, or branches into or through the park. Nor shall any person willfully tamper with, or damage any water or gas pipe, valve, hydrant, stopcock, sewer, basin, fixture, electrical equipment, or other construction in any park.

(c)

Rubbish. No person shall throw, leave, place, deposit or dispose of any garbage, refuse, wastepaper, bottles, or cans in any place in a park other than into a garbage can or receptacle maintained therein for that purpose. Nor shall any person place any household garbage in any trash receptacle within a park. No person shall remove any garbage, refuse, wastepaper, bottles, cans or aluminum from any MHCSD receptacle without a permit issued by the General Manager.

(d)

Glass Containers. No person shall possess any beverage container made of glass in any park or playground or to bring, carry, or transport any beverage container made of glass into any park or playground.

(e)

Notices. No person shall distribute any handbills or circulars, or to post, place or erect any bill, notice, paper, or advertising device or matter of any kind without the written permission of the General Manager.

(f)

Events. No person shall sell or offer for sale any merchandise, article or thing whatsoever, or conduct any class, special event, tournament, whether or not for profit, or locate any inflatable party jumpers or portable event structures in any park, without a permit issued by the General Manager. The vendor or person conducting a class, event or tournament shall have the permit in possession in the park at all times that vendor or person is within a park for the purpose of such sale or activity.

(g)

Sales. The General Manager may permit vending in certain areas of parks. The General Manager shall not grant permission to vend unless the vendor agrees in writing to pay the MHCSD twenty percent (20%) of the gross receipts from sales or events conducted within the park, or consideration of equivalent value. The General Manager may revoke any license or authorization for such sale or event upon failure of the vendor or person conducting the event to pay the required percentage.

(h)

Fires Prohibited. No person shall ignite or permit to be ignited, or maintained or permit to be maintained, a fire in any location in a park except in a designated campfire site, barbecue pit, fireplace or cooking area provided by the MHCSD for the purpose of maintaining a fire, except as permitted in writing by the General Manager.

(i)

Animals. No person shall bring into a park any animal other than dogs or cats except as hereafter specifically provided or as otherwise permitted by the General Manager. Persons in charge of dogs and cats are responsible for the immediate removal and proper disposal of all dog or cat waste.

(j)

Dogs. Dogs shall be licensed. No person may bring and maintain in any park more than two (2) dogs except with the written permission of the General Manager and the dog(s) shall be kept on a leash or chain not to exceed six (6) feet in length, and under the immediate control of its owner or custodian. Dogs are not permitted on golf courses. Upon the posting of signs, the General Manager may designate areas in which dogs are prohibited and may designate areas in which dogs are permitted without a leash or chain.

(k)

Nature Preserves and Trails. No person shall bring any animal within or upon any area designated as a nature preserve or nature trail. Unless otherwise posted dogs are permitted on equestrian trails, bicycle and hiking trails. Horses are permitted on marked equestrian trails provided that they are under the immediate and reasonable control of the rider.

(l)

Subsections (j) through (l) inclusive of this section shall not apply to "seeing eye" and "guide" dogs, provided that such dogs shall remain under the immediate control of the person the dog is assisting.

(m)

Grazing. A person shall not permit any cattle, horses, goats, sheep, swine, or any other domestic animal to graze in any park, except on property designated for such purpose.

(n)

Protection of Animals. No person shall molest, hurt, disturb, injure, trap, take, net, poison, harm or kill any kind of animal or fish, or so attempt, except that fish or frogs may be taken other than for commercial purposes in accordance with the State fishing laws and regulations. The foregoing provision shall not apply to persons employed by the MHCSD, the County, the State, or by the United States to destroy predatory animals or birds or beasts as defined in the Food and Agricultural Code when acting in the course of their employment. The foregoing provision shall not apply to park employees taking natural specimens under the direction of the General Manager.

(o)

Washing and Repairing Vehicles. No person shall engage in the washing. cleaning, polishing, repairing, renovating, changing fluids, or painting of any motor vehicle, trailer, or other wheeled conveyance or bicycle within a park.

(p)

Washing. No person shall place in any park waters any edible matter, dish or utensil or wash or cleanse in any park waters any such edible matter, dish, or utensil or commit any nuisance in or near such waters or pollute any park waters or bathe in park waters except as permitted in Section MH-4-1201.

(q)

Hours. It shall be unlawful for any person to enter, remain, or loiter within the limits of any park owned by the MHCSD between one (1) hour after sundown and one (1) hour before sunrise the next day. The time provisions hereof shall not apply to community centers or those places in each park designated as lighted recreation areas, such as tennis courts and ball fields. However, in no event shall any person remain in any lighted recreation area in such park after 10:00 p.m., nor enter such park before 6:00 a.m., unless permission is received from the General Manager. The provisions hereof shall not apply to the entry upon park property in the course of duty of any peace officer or other duly authorized public employee.

(r)

Camping. No person shall camp in any part of the park system except in areas designated for that purpose by the General Manager. "Camping" is defined as erecting a tent or shelter or arranging bedding, or both, for the purpose of, in such a way as will permit remaining overnight. Use of houseboats or boats, or both, or any of them for the purpose of sleeping, during the nighttime hour, whether anchored, moored, or beached, is also defined as camping. Use of any parked or standing vehicle for the purpose of sleeping during nighttime hours is also defined as camping.

(s)

Skate Boards and Roller Skates. No person shall use a skateboard or roller skates in any park, except within a designated facility provided for that purpose, without prior approval by the General Manager.

(t)

Weapons. Except as otherwise authorized by law, no person shall use, maintain, possess, or discharge any firearm, air gun, spring gun, bow and arrow, sling shot or any other weapon potentially hazardous to wildlife or human safety within the boundaries of any park or within two hundred (200) feet thereof. It shall be unlawful to shoot any of the aforementioned weapons into or across the park. The foregoing provisions shall not apply to persons employed by the MHCSD, any city, the County, the State or by the United States to destroy predatory animals or birds or beasts as defined in the Food and Agricultural Code when acting in the course of their employment. Persons permitted to possess firearms, other than peace officers in the course of their employment, must register all firearms and other weapons with the MHCSD, identifying type, number, and amount of ammunition and location of weapon storage while within the park.

(Ord. 4287 § 1 (part), 2006)

MH-4-1201 - AQUATIC USE OF PARKS.

Swimming and bathing are prohibited except in those areas designated by the General Manager.

The General Manager shall adopt water safety rules regulating swimming and bathing areas. This section does not apply to waters subject to the provisions of the California Harbors and Navigation Code.

(Ord. 4287 § 1 (part), 2006)

MH-4-1202 - RIDING AND HIKING TRAILS.

(a)

No person shall operate any motor vehicle on or over any riding or hiking trail or any designated service road, except with the permission of the General Manager, or in case of emergency.

(Ord. 4287 § 1 (part), 2006)

MH-4-1203 - PARK CLOSURE AND ESTABLISHMENT OF PROHIBITED AREAS.

(a)

A park or facility may be closed to public entry or may be vacated whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster, or when, in the opinion of the MHCSD employees charged with the protection and safety of the public, a hazardous condition exists. Authority for such action rests with the General Manager, any duly appointed Peace Officer, or any designated uniformed MHCSD employee.

(b)

The General Manager may from time to time establish prohibited or limited areas to avoid interference in development, construction and management, or provide for security, safeguarding or preservation of property within the park system. The General Manager shall declare an area prohibited or limited by written order, specifying the period thereof. The order may include such classes of persons who may enter therein and the conduct of such proper activities or official duties as the General Manager may prescribe. The order may also limit the number of persons in an area. The General Manager may deny use of park facilities to anyone who violated park ordinances, rules and regulations.

(c)

Any unauthorized person who willfully and knowingly enters an area closed, prohibited or limited pursuant to subsections (a) or (b) or who willfully remains within such area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.

(Ord. 4287 § 1 (part), 2006)

MH-4-1204 - ALCOHOLIC BEVERAGES PROHIBITED—EXCEPTION.

No person shall consume in any park any malt, spirituous or vinous liquor having an alcoholic content in excess of one percent (1%) by volume, except as authorized by permit issued by the General Manager. The General Manager may not issue a permit without proof of any license or permit as required by the Alcoholic Beverage Control Act.

(Ord. 4287 § 1 (part), 2006)

MH-4-1205 - ENTRY OF RIVERS.

Upon posting signs, the General Manager may prohibit entrance to rivers after certain hours.

(Ord. 4287 § 1 (part), 2006)